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Legal TERMS

Terms and Conditions

The Terms and Conditions govern the User’s (“You”, “Your”) use of this Website and the Services mentioned hereunder; By using this Website, you accept the Terms and Conditions mentioned hereinafter in full and a contractual relationship is established between you and SNEAKER SURGE HK ( “SNEAKER SURGE HK” “We”, “us”, “our” or “Site”) . If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Website or the services mentioned herein.

 

1. TERMS OF USE

a . SNEAKER SURGE HK is a marketplace for shopping sneakers, apparel and accessories . By becoming a User, you represent and warrant that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You must not allow other persons to use your User account, and You agree that You are the sole authorized user of your Account.

 

b. No joint venture, partners hip, employment or agency relationship exists between You and us as a result of the contract between You and SNEAKER SURGE HK or use of the Services.

 

c. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and the User must check the Terms & Conditions periodically. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.

 

d. These Terms will continue to apply until terminated by either You or SNEAKER SURGE HK . This agreement with SNEAKER SURGE HK can be terminated by You by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.

 

e. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this Agreement.

 

2. PRODUCTS OR SERVICES

a. We have made every effort to display as accurately as possible the colours and images of our products along with their description appearing on the Website. We don’t guarantee that your device’s monitor will accurately display the colour of our products.

 

b. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis at our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to continue/ discontinue any product at any time. We do not warrant that the quality, value, stability of any products, services, information, or other material proposed to be sold or offered to be sold to you will meet your expectations.

 

3. ACCOUNT

In order to avail the services of this site, you must register for and maintain an active personal user. Services account (“Account”). While registering with us, You would be required to submit certain personal identifiable information including but not limited to your name, address, mobile phone number etc. If you use this site, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. You agree to take all necessary steps to ensure that the password is kept confidential and secure. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You undertake that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

4. SITE ACCESS

SNEAKER SURGE HK grants you a limited permission to access and make personal and non-commercial use of this site and not to download or modify it, or any portion of it. This permission does not include:

● any resale or commercial use of this site, products displayed on the site or its contents, any. derivative use of this site or its contents;

● any downloading or copying of account information for the benefit of any third party or. any use of data mining, robots, or similar data gathering and extraction tools.

● this site or any portion of this site to be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

● usage of any proprietary information (including images, text, page layout, or form) of SNEAKER SURGE HK and our affiliates without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing SNEAKER SURGE HK’s name or trademarks without our express written consent. Any unauthorized use terminates the permission granted by Us. You may not use any of our logo or other proprietary graphic or trademark as part of the link without our express written permission.

● perform any activity that may hinder any operation and/or functionality of any aspect of the Service’s;

 

5. PRICING AND OTHER CHARGES

The prices displayed for products on site are not inclusive of shipping charges. For any reason if we are not able to ship You the product as per your order, we will inform you electronically and refund the value of the product not available. We reserve the right to refuse or cancel any order, for any reason, at our sole discretion . If your order is returned to us, subject to the conditions mentioned herein you will be refunded the original purchase price, minus the original shipping fee. For international orders, if your package is returned to us, you will be refunded the purchase price, minus the original shipping charge, as well as the return shipping charge assessed by our carrier. Due to the nature of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. You shall be responsible for paying these additional fees. SNEAKER SURGE HK takes no responsibility for non-delivery of orders in case such taxes and duties are not accepted and settled by you or the recipient at the delivery address.

 

6. PAYMENT

SNEAKER SURGE HK does not charge any registration/membership or browsing fee. In the event, we alter our services and/or introduce new fees for such altered services, all such fees that SNEAKER SURGE HK may charge will be mentioned on the site and such change(s) shall automatically become effective immediately after they are posted on the site. Continued use of the Website shall be deemed as an acceptance of the amended terms and conditions. We accept cash on delivery or payment by way of PayPal, debit card or credit card however, please note cash on delivery is accepted only for Hong Kong delivery addresses. While availing any of the payment method/s available on the Website, SNEAKER SURGE HK shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

a. Lack of authorization for any transaction/s, or

b. Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or

c. Any payment issues arising out of the transaction, or

d. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;

e. Decline of transaction for any other reason(s)

Notwithstanding anything contained herein, SNEAKER SURGE HK reserves the right to conduct additional verification for security or other reasons. Every User hereby agrees to provide accurate information, such as credit/debit information, correct address etc. for purchasing products from the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining payment by such bank or financial institution.

 

7. SHIPPING AND DELIVERY

a. All products purchased from the Website shall be delivered to the User by standard courier services through a logistics partner. All deliveries where applicable shall be made on a best efforts basis, and while We will endeavor to deliver the product(s) on the date mentioned, the Site disclaims any claims or liabilities arising from any delay in this regard. Where there is a likelihood of delay in delivery of the products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the products. b. SNEAKER SURGE HK will be liable for any damage caused to the product(s) only to the extent of damage caused in transit. User agrees that the said liability shall be to the extent of replacement of the purchased product and no refunds will be provided to the User. However it must be noted that replacement of the damaged product will be processed ONLY IF USER SHOWS VIDEO PROOF OF UNBOXING THE PRODUCT AS THE COURIER/PACKAGE IS RECEIVED.

 

8. RETURN, REPLACEMENT AND REFUND

a. All sales made by us are final, however in case any product is damaged, you must bring the same to our knowledge by way of email within 48 hours of delivery of the product. It is pertinent to mention that all the tags including authentication tags will be required for any issue/concern to be addressed by us. We don’t offer refunds and only replace the product purchased subject to availability of all the relevant tags on the package and product.

b. No products will be accepted by us if (i) the products or authentication tags have been removed (ii) if there is a change in the quality, quantity or other characteristics of the product (iii) if the product returned is not the product that was delivered (iv) any other circumstances that the Website may notify or deem appropriate from time to time.

c. We only allow returns/exchange if the product delivered to you is in a significantly damaged condition subject to availability of video substantiating the damage claimed by the User with unopened packaging. In the event orders are international (outside of Hong Kong),you agree to pay for the return shipping as well as expenses for shipping back the product to you. In case of returns/Exchange:

● Return/Exchange should be initiated within 48 hours of order delivery.

● The tags on the product and package should be intact.

● The product should be unused and in an undamaged condition.

● The product needs to be returned along with the original packaging. d. Refunds will be processed only if the product is damaged, items shipped are incorrect or any product is missing.

 

9. CANCELLATIONS

a. Cancellation by User Once the order has been placed by you, SNEAKER SURGE HK does not allow cancellation thereafter.

b. Cancellation by Us We reserve the right to refuse or cancel orders, including in scenarios like product quality issues, inaccuracies in pricing of products on Website or non-availability of the product. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled by us after your card has been charged, the said amount will be reversed to the source of payment. Further, in case of suspicious transactions, we reserve the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity. We may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria:

● Products ordered are not for self-consumption but for commercial resale

● Multiple orders placed for same product at the same address

● Bulk quantity of the same product ordered

● Invalid address given in order details

● Any malpractice used to place the order

 

10. REVIEWS, COMMENTS AND OTHER CONTENT

You may post reviews, comments, other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us or our affiliates for all claims resulting from content you supply. We take no responsibility and assume no liability for any content posted by you or any third party.

 

11. USER CONDUCT You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that you shall not:

● defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

● publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

● upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

● upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

● conduct or forward surveys, contests, pyramid schemes or chain letters;

● download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

● falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

● violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

● violate any applicable laws or regulations for the time being in force in or outside India; and

● violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

● exploit any of the services. We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.

● You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates and partners on any property owned or operated by the Website.

 

12. PROPRIETARY RIGHTS

a. All trade marks, service marks, trade names, logos, copyright and other intellectual property rights on our Website and its content including the products displayed are either owned by us, our licensors (if any) or third parties. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the Website and its contents including the products displayed, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

b. The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms and Conditions, or in terms provided by the owner of a Third Party Mark, nothing in these Terms and Conditions or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the Website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

 

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service or products for indefinite periods of time. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, We do not warrant that the site will be constantly available, or available at all times or the information on site is complete, true, accurate. In no event shall SNEAKER SURGE HK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

14. INDEMNIFICATION

You shall indemnify and hold harmless SNEAKER SURGE HK, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms and Conditions, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

15. DISPUTE RESOLUTION

User agree that any dispute, claim or controversy that has arisen, or may arise, between you and SNEAKER SURGE HK out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation, or validity thereof, your use of or access to the services rendered by us, the actions of SNEAKER SURGE HK or its agents, or any products or services sold, offered, or purchased through the Service (“Disputes”) shall be endeavoured to settle amicably. However, on failure to settle the Dispute(s) amicably, User agrees that the Dispute(s) shall be referred to Arbitration. Arbitration will be administered by the courts located in Hong Kong and will be governed by the laws of Hong Kong.

 

16. MODIFICATION OF TERMS

We may need to change these Terms and Conditions to reflect amendments in law or best practice or to deal with additional features which we introduce or delete. We reserve the right at our sole discretion to update, modify or replace any part of these Terms and Conditions by posting updates and/or modifications to our Website. You shall ensure to review these Terms periodically for updates/changes. If you do not accept the notified changes you shall not continue to use our platform.

 

17. CONTACT INFORMATION

Incase you have any queries or wish to contact us for any other reason you may get in touch with us at info@sneakersurge.com